This Regulation addresses cybersecurity risks in a targeted manner. Products with digital elements might, however, pose other safety risks, that are not always related to cybersecurity but can be a consequence of a security breach. Those risks should continue to be regulated by relevant Union harmonisation legislation other than this Regulation. If no Union harmonisation legislation other than this Regulation is applicable, they should be subject to Regulation (EU) 2023/988 of the European Parliament and of the Council(21). Therefore, in light of the targeted nature of this Regulation, as a derogation from Article 2(1), third subparagraph, point (b), of Regulation (EU) 2023/988, Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI of Regulation (EU) 2023/988 should apply to products with digital elements with respect to safety risks not covered by this Regulation, if those products are not subject to specific requirements laid down in Union harmonisation legislation other than this Regulation within the meaning of Article 3, point (27), of Regulation (EU) 2023/988.
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NOTES IN THE OFFICIAL TEXT
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Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).